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(영문) 대전지방법원 공주지원 2015.09.11 2014고정149

업무방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the person who has the right of retention of the building No. 301 and No. 302 in the building No. 301 and the victim D is the owner of the building above.

On June 11, 2014, around 15:00 on June 15:0, the Defendant set the entrance door of the above building to hacksl slick, and obstructed the victim’s human park installation work by force by installing one container on the site of the above building.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A partial certificate of registered matters, a bond and a collateral security transfer contract, a construction cost rejection, a registration information and a notice on completion of registration, a lien transfer and takeover contract, photograph, an application for lien, or a request for distribution;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to written decisions on temporary disposition cases involving land name gambling) excluding the E-statement from among investigation reports (fields and counter investigation of witnesses E), and statutes;

1. Article 314(1) of the Criminal Act applicable to the crime and Article 314(1) of the Criminal Act’s choice of punishment [The defendant asserts that the crime of this case was not committed since he did not directly perform the establishment of a chain and the establishment of a container, but according to the evidence of the judgment, it is reasonable to determine that the defendant actually committed the crime of this case]

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant's act of self-help or legitimate act is in a situation where the defendant has a legitimate right of retention on the whole building located in C at the time of his official residence.

"Act which does not violate social norms" as stipulated in Article 20 of the Criminal Code is in the spirit of the whole legal order or its surroundings.